Legal Q&A · IT, Software & E-commerce

Can we charge a surcharge for card payments in our online shop or physical store, or accept cards only above a minimum amount?

Law as at 3 October 2026

Short answer

You cannot charge a surcharge for card payments in Slovakia. The law prohibits it for payments by both consumers and businesses. For another payment method, such as cash on delivery, you may charge consumers no more than the actual costs. From 1 May 2026, a store that records sales in an eKasa cash register must, subject to statutory exceptions, allow cashless payment for purchases exceeding 1 euro. A minimum amount for card payments therefore makes sense only if another cashless payment method is available below that amount. In Czechia, surcharges are prohibited for standard consumer cards.

Many online shops want to pass on to customers the fee they pay to their bank or payment gateway for card payments. Physical stores sometimes accept cards only above a minimum amount. In Slovakia, the law prohibits card payment surcharges regardless of whether the payer is a consumer or a business. From 1 May 2026, minimum amounts for card payments are constrained by the obligation for stores to allow cashless payments. Czech rules on surcharges are less restrictive.

Card payment surcharges in Slovakia

Act No. 492/2009 Z. z. on Payment Services states this directly:

The following quotation is reproduced in its original language:

Príjemca nesmie žiadať od platiteľa poplatok za používanie platobnej karty alebo iného platobného prostriedku a ak ponúka zľavu, oznámi to platiteľovi pred začatím platobnej operácie.

§ 44 ods. 3 zákona č. 492/2009 Z. z.

Payment instruments include not only cards but also internet banking and payment apps (Section 2(19)). The provision does not distinguish between payments by consumers and businesses, so it also applies to online shops serving business customers. The law expressly excludes this provision from the derogations that may otherwise be agreed with users who are not consumers (Section 98(1)). The law does, however, permit a discount for using a particular payment instrument if you inform the customer before the payment begins.

Act No. 108/2024 Z. z. on Consumer Protection also applies to dealings with consumers. Traders must not charge consumers fees for using a payment instrument. For other payment methods, they may charge a fee only up to the actual costs they incur in connection with the payment (Section 4(2), letter f), of Act No. 108/2024 Z. z.). This rule generally also covers cash-on-delivery surcharges. The surcharge must reflect the actual costs and must be shown to the customer as part of the costs before they place the order (Section 5(1), letter d)). The amendment effective from 27 September 2026 did not change these rules. For a breach, the Slovak Trade Inspection may impose a fine ranging from 200 euros to 2 % of turnover for the preceding accounting period, capped at 200 000 euros (Section 43(1), letter a)).

Minimum amounts for card payments

From 1 May 2026, a seller required to record sales in an eKasa cash register must allow the buyer to make a cashless payment where the sale exceeds 1 euro (Section 15(1) of Act No. 384/2025 Z. z., with the date specified in Section 19(5)). The seller fulfils this obligation by allowing payment using a payment instrument (Section 15(2)), and the law expressly provides for payment by QR code (Section 15(3)). The obligation does not apply to sellers authorised to defer data transmission, or at times when an internet signal is unavailable or the technical means for confirming payment fail (Section 15(1)).

A minimum card payment amount above this threshold is therefore compatible with the obligation only if you offer another cashless payment method below that amount. The obligation concerns sales proceeds received at a point of sale and recorded in an eKasa cash register (Section 2, letters u) and x)). An online shop that does not record sales in an eKasa cash register sets its payment methods in its terms and conditions and must inform customers of them before they place an order (Section 5(1), letter e), of Act No. 108/2024 Z. z.). The contract with the payment terminal or gateway provider may also contain its own rules.

Czechia

Czech law does not prohibit surcharges altogether. Under Section 254 of Act No. 370/2017 Sb. on Payment Systems, a payee is not entitled to charge a fee for a payment instrument whose interchange fees are regulated by Chapter II of Regulation (EU) 2015/751. This covers consumer debit and credit cards. Chapter II does not apply to commercial cards or cards issued under three-party card schemes (Article 1(3) of the Regulation). Nor is a fee permitted for credit transfers and direct debits in euros under Regulation (EU) No. 260/2012 (Section 254(2), letter a)). For other payment instruments, a fee may be charged up to the direct costs incurred, and the payee must disclose it before the payment begins; otherwise, the payee is not entitled to it.

A seller must not charge a consumer a fee connected with a payment method that exceeds the direct costs incurred as a result (Section 3(2) of Act No. 634/1992 Sb.). Section 254 does not regulate minimum amounts for card payments. However, the trader must inform the consumer of the payment method before the contract is concluded (Section 1811(2), letter d), of Act No. 89/2012 Sb.).

We will set out payment methods, cash-on-delivery surcharges and the information to be provided before an order is placed in your terms and conditions and checkout process as part of our online shop terms and conditions service, for both the Slovak and Czech markets. Other mandatory online shop disclosures are covered in the question what information must an online shop provide.

This answer provides general information on the law as at 3 October 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

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All questions and answers
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  2. We are buying an e-shop. How do we make sure the domain passes to us as well? It depends on whether you are buying the company or its business, and on who is actually registered as the holder of the domain. On a purchase of an ownership interest, the domain remains with the company if the company is its holder. On a purchase of the business, the rights covered by the sale pass to the buyer, but the domain registry will record a change of holder only on an application by the existing holder, made through a registrar and with the consent of the new holder. The contract must therefore oblige the seller to take that step, and payment must be tied to it.
  3. Our client is not supplying materials or testing during software development. Must we still meet the deadline? While you are waiting for cooperation the client owes under the contract, it is the client, not you, who is in delay. The Commercial Code states expressly that a debtor is not in delay where it cannot perform as a result of the creditor's delay, and a client who fails to provide the necessary cooperation is a creditor in delay. If the client fails to provide that cooperation even within an additional reasonable period, you may withdraw from the contract and claim the price reduced by what you have saved. What matters, therefore, is whether the cooperation is identified in the contract and whether you are notifying its absence in a demonstrable way.
  4. May our licence terms prohibit a back-up copy and the study of our software? Not entirely. Copyright law allows a lawful user, without the author's consent, to make a back-up copy of a program, to study and test how it functions, and to decompile the code to the extent necessary to achieve interoperability with another program. The EU directive which the Act implements declares contractual provisions contrary to those entitlements void from the outset. Licence terms should therefore prohibit what the law does not give the user: copying beyond the licence, disclosure of information obtained by decompilation, and its use to develop a similar program.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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